Senate Bill sb1020

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    Florida Senate - 2006                                  SB 1020

    By Senator Bennett





    21-697-06

  1                      A bill to be entitled

  2         An act relating to developments of regional

  3         impact; amending s. 380.06, F.S.; conforming a

  4         cross-reference; requiring the state land

  5         planning agency to initiate rulemaking by a

  6         specific date to revise the

  7         development-of-regional-impact review process;

  8         requiring a local government to issue

  9         development orders concurrently with

10         comprehensive plan amendments; specifying

11         certain requirements for a development order;

12         prohibiting a local government from issuing

13         permits for development subsequent to the

14         buildout date; revising the circumstances in

15         which a local government may issue subsequent

16         permits for development; revising the

17         definition of an essentially built-out

18         development; prohibiting the suspension of a

19         development order for failure to submit a

20         biennial report under certain circumstances;

21         revising the criteria under which a proposed

22         change is presumed to create a substantial

23         deviation; requiring that notice of certain

24         changes be given to the state land planning

25         agency, regional planning agency, and local

26         government; requiring that a memorandum of

27         notice of certain changes be filed with the

28         clerk of court; revising the period of time for

29         notice and a public hearing after a change to a

30         development order has been submitted; revising

31         the requirement for further

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 1         development-of-regional-impact review of a

 2         proposed change; revising the statutory

 3         exemptions for the development of certain

 4         facilities; providing statutory exemptions for

 5         the development of certain facilities;

 6         providing that the impacts from a use that will

 7         be part of a larger project be included in the

 8         development-of-regional-impact review of the

 9         larger project; amending s. 380.0651, F.S.;

10         removing the application of statewide

11         guidelines and standards for

12         development-of-regional-impact review to the

13         construction of certain attractions and

14         recreation facilities; revising the statewide

15         guidelines and standards for

16         development-of-regional-impact review of the

17         construction of certain marinas; removing the

18         application of statewide guidelines and

19         standards for development-of-regional-impact

20         review to the construction of certain schools;

21         prohibiting the state land planning agency from

22         considering an impact of an independent

23         development of regional impact cumulatively

24         under certain circumstances; amending s.

25         380.07, F.S.; providing a mechanism for

26         challenging the consistency of a development

27         order with a local government comprehensive

28         plan; providing that the Department of

29         Community Affairs has standing to initiate an

30         action to determine the consistency of a

31         development order with a local government

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 1         comprehensive plan; amending s. 380.115, F.S.;

 2         providing that a change in a

 3         development-of-regional-impact guideline and

 4         standard does not abridge or modify any vested

 5         right or duty under a development order;

 6         amending ss. 163.3180 and 331.303, F.S.;

 7         conforming cross-references; providing an

 8         effective date.

 9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Paragraph (d) of subsection (2), paragraph

13  (b) of subsection (7), and subsections (15), (18), (19), and

14  (24) of section 380.06, Florida Statutes, are amended to read:

15         380.06  Developments of regional impact.--

16         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

17         (d)  The guidelines and standards shall be applied as

18  follows:

19         1.  Fixed thresholds.--

20         a.  A development that is below 100 percent of all

21  numerical thresholds in the guidelines and standards shall not

22  be required to undergo development-of-regional-impact review.

23         b.  A development that is at or above 120 percent of

24  any numerical threshold shall be required to undergo

25  development-of-regional-impact review.

26         c.  Projects certified under s. 403.973 which create at

27  least 100 jobs and meet the criteria of the Office of Tourism,

28  Trade, and Economic Development as to their impact on an

29  area's economy, employment, and prevailing wage and skill

30  levels that are at or below 100 percent of the numerical

31  thresholds for industrial plants, industrial parks,

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 1  distribution, warehousing or wholesaling facilities, office

 2  development or multiuse projects other than residential, as

 3  described in s. 380.0651(3)(b), (c), and (h) s.

 4  380.0651(3)(c), (d), and (i), are not required to undergo

 5  development-of-regional-impact review.

 6         2.  Rebuttable presumption.--It shall be presumed that

 7  a development that is at 100 percent or between 100 and 120

 8  percent of a numerical threshold shall be required to undergo

 9  development-of-regional-impact review.

10         (7)  PREAPPLICATION PROCEDURES.--

11         (b)  The state land regional planning agency shall

12  establish by rule a procedure by which a developer may enter

13  into binding written agreements with the regional planning

14  agency to eliminate questions from the application for

15  development approval when those questions are found to be

16  unnecessary for development-of-regional-impact review. By

17  August 1, 2006, the department shall initiate rulemaking to

18  revise the development-of-regional-impact review process.  The

19  department shall eliminate as many duplicative or unnecessary

20  requirements and questions as possible; provide for the

21  acceptability and use of data and information provided by the

22  applicant for federal, state, or local government permits and

23  authorizations required for the proposed development; and

24  revise and streamline the application process for development

25  approval in order to provide for a more efficient review of an

26  application. It is the legislative intent of this subsection

27  to encourage reduction of paperwork, to discourage unnecessary

28  gathering of data, and to encourage the coordination of the

29  development-of-regional-impact review process with federal,

30  state, and local environmental reviews when such reviews are

31  required by law.

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 1         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

 2         (a)  The appropriate local government shall render a

 3  decision on the application within 30 days after the hearing

 4  unless an extension is requested by the developer.

 5         (b)  Unless otherwise requested by the applicant When

 6  possible, the local government governments shall issue

 7  development orders concurrently with comprehensive plan

 8  amendments and, when practicable, with any other local permits

 9  or development approvals that may be applicable to the

10  proposed development.

11         (c)  The development order shall include findings of

12  fact and conclusions of law consistent with subsections (13)

13  and (14). The development order:

14         1.  Shall specify the monitoring procedures and the

15  local official responsible for assuring compliance by the

16  developer with the development order.

17         2.  Shall establish compliance dates for the

18  development order, including a deadline for commencing

19  physical development and for compliance with conditions of

20  approval or phasing requirements, and shall include a buildout

21  termination date that reasonably reflects the time anticipated

22  required to complete the development.

23         3.  Shall establish a date until which the local

24  government agrees that the approved development of regional

25  impact shall not be subject to downzoning, unit density

26  reduction, or intensity reduction, unless the local government

27  can demonstrate that substantial changes in the conditions

28  underlying the approval of the development order have occurred

29  or the development order was based on substantially inaccurate

30  information provided by the developer or that the change is

31  clearly established by local government to be essential to the

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 1  public health, safety, or welfare. The date established

 2  pursuant to this subparagraph shall be no sooner than the

 3  buildout date of the project.

 4         4.  Shall specify the requirements for the biennial

 5  report designated under subsection (18), including the date of

 6  submission, parties to whom the report is submitted, and

 7  contents of the report, based upon the rules adopted by the

 8  state land planning agency.  Such rules shall specify the

 9  scope of any additional local requirements that may be

10  necessary for the report.

11         5.  Shall May specify the types of changes, if any, to

12  the development which shall require submission for a

13  substantial deviation determination or a notice of proposed

14  change under subsection (19).

15         6.  Shall include a legal description of the property.

16         (d)  Conditions of a development order that require a

17  developer to contribute land for a public facility or

18  construct, expand, or pay for land acquisition or construction

19  or expansion of a public facility, or portion thereof, shall

20  meet the following criteria:

21         1.  The need to construct new facilities or add to the

22  present system of public facilities must be reasonably

23  attributable to the proposed development.

24         2.  Any contribution of funds, land, or public

25  facilities required from the developer shall be comparable to

26  the amount of funds, land, or public facilities that the state

27  or the local government would reasonably expect to expend or

28  provide, based on projected costs of comparable projects, to

29  mitigate the impacts reasonably attributable to the proposed

30  development.

31  

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 1         3.  Any funds or lands contributed must be expressly

 2  designated and used to mitigate impacts reasonably

 3  attributable to the proposed development.

 4         4.  Construction or expansion of a public facility by a

 5  nongovernmental developer as a condition of a development

 6  order to mitigate the impacts reasonably attributable to the

 7  proposed development is not subject to competitive bidding or

 8  competitive negotiation for selection of a contractor or

 9  design professional for any part of the construction or design

10  unless required by the local government that issues the

11  development order.

12         (e)1.  Effective July 1, 1986, A local government shall

13  not include, as a development order condition for a

14  development of regional impact, any requirement that a

15  developer contribute or pay for land acquisition or

16  construction or expansion of public facilities or portions

17  thereof unless the local government has enacted a local

18  ordinance which requires other development not subject to this

19  section to contribute its proportionate share of the funds,

20  land, or public facilities necessary to accommodate any

21  impacts having a rational nexus to the proposed development,

22  and the need to construct new facilities or add to the present

23  system of public facilities must be reasonably attributable to

24  the proposed development.

25         2.  A local government shall not approve a development

26  of regional impact that does not make adequate provision for

27  the public facilities needed to accommodate the impacts of the

28  proposed development unless the local government includes in

29  the development order a commitment by the local government to

30  provide these facilities consistently with the development

31  schedule approved in the development order; however, a local

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 1  government's failure to meet the requirements of subparagraph

 2  1. and this subparagraph shall not preclude the issuance of a

 3  development order where adequate provision is made by the

 4  developer for the public facilities needed to accommodate the

 5  impacts of the proposed development.  Any funds or lands

 6  contributed by a developer must be expressly designated and

 7  used to accommodate impacts reasonably attributable to the

 8  proposed development.

 9         3.  The Department of Community Affairs and other state

10  and regional agencies involved in the administration and

11  implementation of this act shall cooperate and work with units

12  of local government in preparing and adopting local impact fee

13  and other contribution ordinances.

14         (f)  Notice of the adoption of a development order or

15  the subsequent amendments to an adopted development order

16  shall be recorded by the developer, in accordance with s.

17  28.222, with the clerk of the circuit court for each county in

18  which the development is located.  The notice shall include a

19  legal description of the property covered by the order and

20  shall state which unit of local government adopted the

21  development order, the date of adoption, the date of adoption

22  of any amendments to the development order, the location where

23  the adopted order with any amendments may be examined, and

24  that the development order constitutes a land development

25  regulation applicable to the property. The recording of this

26  notice shall not constitute a lien, cloud, or encumbrance on

27  real property, or actual or constructive notice of any such

28  lien, cloud, or encumbrance.  This paragraph applies only to

29  developments initially approved under this section after July

30  1, 1980.

31  

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 1         (g)  A local government may shall not issue permits for

 2  development subsequent to the buildout termination date or

 3  expiration date contained in the development order if unless:

 4         1.  The proposed development has been evaluated

 5  cumulatively with existing development under the substantial

 6  deviation provisions of subsection (19) subsequent to the

 7  termination or expiration date;

 8         1.2.  The proposed development is consistent with an

 9  abandonment of development order that has been issued in

10  accordance with the provisions of subsection (26); or

11         2.  The proposed development has satisfied the

12  mitigation requirements in the development order and meets the

13  requirements of sub-sub-subparagraph 3.b.(I); or

14         3.  The project has been determined to be an

15  essentially built-out development of regional impact through

16  an agreement executed by the developer, the state land

17  planning agency, and the local government, in accordance with

18  s. 380.032, which will establish the terms and conditions

19  under which the development may be continued.  If the project

20  is determined to be essentially built-out, development may

21  proceed pursuant to the s. 380.032 agreement after the

22  termination or expiration date contained in the development

23  order without further development-of-regional-impact review

24  subject to the local government comprehensive plan and land

25  development regulations or subject to a modified

26  development-of-regional-impact analysis.  As used in this

27  paragraph, an "essentially built-out" development of regional

28  impact means:

29         a.  The development is in compliance with all

30  applicable terms and conditions of the development order

31  except the built-out date; and

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 1         b.(I)  The amount of development that remains to be

 2  built is less than 20 percent of the development approved by

 3  the original development order but not more than the

 4  applicable development-of-regional-impact threshold.

 5  Development may also be considered essentially built-out if

 6  all the infrastructure and horizontal development for the

 7  project has been completed and more than 80 percent of the

 8  parcels have been conveyed to third-party buyers, including

 9  builders and individual lot owners the substantial deviation

10  threshold specified in paragraph (19)(b) for each individual

11  land use category, or, for a multiuse development, the sum

12  total of all unbuilt land uses as a percentage of the

13  applicable substantial deviation threshold is equal to or less

14  than 100 percent; or

15         (II)  The state land planning agency and the local

16  government have agreed in writing that the amount of

17  development to be built does not create the likelihood of any

18  additional regional impact not previously reviewed.

19         (h)  If the property is annexed by another local

20  jurisdiction, the annexing jurisdiction shall adopt a new

21  development order that incorporates all previous rights and

22  obligations specified in the prior development order.

23         (18)  BIENNIAL REPORTS.--The developer shall submit a

24  biennial report on the development of regional impact to the

25  local government, the regional planning agency, the state land

26  planning agency, and all affected permit agencies in alternate

27  years on the date specified in the development order, unless

28  the development order by its terms requires more frequent

29  monitoring. If the report is not received, the regional

30  planning agency or the state land planning agency shall notify

31  the local government. If the local government does not receive

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 1  the report or receives notification that the regional planning

 2  agency or the state land planning agency has not received the

 3  report, the local government shall request in writing that the

 4  developer submit the report within 30 days. The failure to

 5  submit the report after 30 days shall result in the temporary

 6  suspension of the development order applicable to the property

 7  remaining to be developed by the party failing to submit the

 8  report. If other developers within a development of regional

 9  impact are in compliance with their reporting requirements,

10  the development order as it relates to their property may not

11  be suspended by the local government. If no additional

12  development pursuant to the development order has occurred

13  since the submission of the previous report, then a letter

14  from the developer stating that no development has occurred

15  shall satisfy the requirement for a report. Development orders

16  that require annual reports shall may be amended to require

17  biennial reports the next time they are amended at the option

18  of the local government.

19         (19)  SUBSTANTIAL DEVIATIONS.--

20         (a)  Any proposed change to a previously approved

21  development which creates an a reasonable likelihood of

22  additional regional impact, or any type of regional impact

23  created by the change not previously reviewed by the regional

24  planning agency, shall constitute a substantial deviation and

25  shall cause the proposed change development to be subject to

26  further development-of-regional-impact review. There are a

27  variety of reasons why a developer may wish to propose changes

28  to an approved development of regional impact, including

29  changed market conditions.  The procedures set forth in this

30  subsection are for that purpose.

31  

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 1         (b)  Any proposed change to a previously approved

 2  development of regional impact or development order condition

 3  which, either individually or cumulatively with other changes,

 4  exceeds any of the following criteria shall be presumed to

 5  create constitute a substantial deviation and shall cause the

 6  development to be subject to further

 7  development-of-regional-impact review without the necessity

 8  for a finding of same by the local government:

 9         1.  An increase in the number of parking spaces at an

10  attraction or recreational facility by 10 5 percent or 500 300

11  spaces, whichever is greater, or an increase in the number of

12  spectators that may be accommodated at such a facility by 10 5

13  percent or 1,000 spectators, whichever is greater.

14         2.  A new runway, a new terminal facility, a 25-percent

15  lengthening of an existing runway, or a 25-percent increase in

16  the number of gates of an existing terminal, but only if the

17  increase adds at least three additional gates. However, if an

18  airport is located in two counties, a 10-percent lengthening

19  of an existing runway or a 20-percent increase in the number

20  of gates of an existing terminal is the applicable criteria.

21         3.  An increase in the number of hospital beds by 5

22  percent or 60 beds, whichever is greater.

23         3.4.  An increase in industrial development area by 10

24  5 percent or 64 32 acres, whichever is greater.

25         4.5.  An increase in the average annual acreage mined

26  by 10 5 percent or 20 10 acres, whichever is greater, or an

27  increase in the average daily water consumption by a mining

28  operation by 10 5 percent or 600,000 300,000 gallons,

29  whichever is greater. An increase in the size of the mine by

30  10 5 percent or 1,000 750 acres, whichever is less. An

31  increase in the size of a heavy mineral mine as defined in s.

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 1  378.403(7) will only constitute a substantial deviation if the

 2  average annual acreage mined is more than 500 acres and

 3  consumes more than 3 million gallons of water per day.

 4         5.6.  An increase in land area for office development

 5  by 10 5 percent or an increase of gross floor area of office

 6  development by 10 5 percent or 100,000 60,000 gross square

 7  feet, whichever is greater.

 8         6.  An increase of development at a marina of 10

 9  percent of wet storage or for 30 watercraft slips, whichever

10  is greater, or 20 percent of wet storage or 60 watercraft

11  slips in an area identified by a local government in a boat

12  facility siting plan as an appropriate site for additional

13  marina development, whichever is greater.

14         7.  An increase in the storage capacity for chemical or

15  petroleum storage facilities by 5 percent, 20,000 barrels, or

16  7 million pounds, whichever is greater.

17         8.  An increase of development at a waterport of wet

18  storage for 20 watercraft, dry storage for 30 watercraft, or

19  wet/dry storage for 60 watercraft in an area identified in the

20  state marina siting plan as an appropriate site for additional

21  waterport development or a 5-percent increase in watercraft

22  storage capacity, whichever is greater.

23         7.9.  An increase in the number of dwelling units by 10

24  5 percent or 100 50 dwelling units, whichever is greater.

25         8.10.  An increase in commercial development by 100,000

26  50,000 square feet of gross floor area or of parking spaces

27  provided for customers for 600 300 cars or a 10-percent

28  5-percent increase of either of these, whichever is greater.

29         9.11.  An increase in hotel or motel rooms facility

30  units by 10 5 percent or 100 rooms 75 units, whichever is

31  greater.

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 1         10.12.  An increase in a recreational vehicle park area

 2  by 10 5 percent or 100 vehicle spaces, whichever is less.

 3         11.13.  A decrease in the area set aside for open space

 4  of 5 percent or 20 acres, whichever is less.

 5         12.14.  A proposed increase to an approved multiuse

 6  development of regional impact where the sum of the increases

 7  of each land use as a percentage of the applicable substantial

 8  deviation criteria is equal to or exceeds 120 100 percent. The

 9  percentage of any decrease in the amount of open space shall

10  be treated as an increase for purposes of determining when 120

11  100 percent has been reached or exceeded.

12         13.15.  A 20-percent 15-percent increase in the number

13  of external vehicle trips generated by the development above

14  that which was projected during the original

15  development-of-regional-impact review. If the transportation

16  mitigation identified in the adopted development order is

17  based upon proportionate-share payments, an increase in the

18  proportionate-share payment commensurate with the increase in

19  external vehicle trips generated by the development is

20  adequate to satisfy the obligation of the developer to rebut

21  the presumption.

22         14.16.  Any change that which would result in

23  development of any area which was specifically set aside in

24  the application for development approval or in the development

25  order for preservation or special protection of endangered or

26  threatened plants or animals designated as endangered,

27  threatened, or species of special concern and their habitat,

28  primary dunes, or archaeological and historical sites

29  designated as significant by the Division of Historical

30  Resources of the Department of State. The further

31  science-based refinement of such areas by survey, by habitat

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 1  evaluation, by other recognized assessment methodology, or by

 2  an environmental assessment is not a substantial deviation

 3  shall be considered under sub-subparagraph (e)5.b.

 4  

 5  The substantial deviation numerical standards in subparagraphs

 6  3., 5., 8., 9., 12., and 13. 4., 6., 10., 14., excluding

 7  residential uses, and 15., are increased by 100 percent for a

 8  project certified under s. 403.973 which creates jobs and

 9  meets criteria established by the Office of Tourism, Trade,

10  and Economic Development as to its impact on an area's

11  economy, employment, and prevailing wage and skill levels. The

12  substantial deviation numerical standards in subparagraphs 3.,

13  5., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14. are

14  increased by 50 percent for a project located wholly within an

15  urban infill and redevelopment area designated on the

16  applicable adopted local comprehensive plan future land use

17  map and not located within the coastal high hazard area.

18         (c)  An extension of the date of buildout of a

19  development, or any phase thereof, by more than 10 7 or more

20  years shall be presumed to create a substantial deviation

21  subject to further development-of-regional-impact review. An

22  extension of the date of buildout, or any phase thereof, of 5

23  years or more but less than 7 years shall be presumed not to

24  create a substantial deviation. The extension of the date of

25  buildout of an areawide development of regional impact by more

26  than 5 years but less than 10 years is presumed not to create

27  a substantial deviation. This presumption These presumptions

28  may be rebutted by clear and convincing evidence at the public

29  hearing held by the local government. An extension of 7 years

30  or less than 5 years is not a substantial deviation. For the

31  purpose of calculating when a buildout or, phase, or

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 1  termination date has been exceeded, the time shall be tolled

 2  during the pendency of administrative or judicial proceedings

 3  relating to development permits. Any extension of the buildout

 4  date of a project or a phase thereof shall automatically

 5  extend the commencement date of the project, the buildout date

 6  the termination date of the development order, the expiration

 7  date of the development of regional impact, and the phases

 8  thereof by a like period of time.

 9         (d)  A change in the plan of development of an approved

10  development of regional impact resulting from requirements

11  imposed by the Department of Environmental Protection or any

12  water management district created by s. 373.069 or any of

13  their successor agencies or by any appropriate federal

14  regulatory agency shall be submitted to the local government

15  pursuant to this subsection. These changes do The change shall

16  be presumed not to create a substantial deviation subject to

17  further development-of-regional-impact review. In addition, if

18  a change to a permit involving property within the development

19  of regional impact is approved by the agencies with

20  jurisdiction, the change does not create a substantial

21  deviation. The presumption may be rebutted by clear and

22  convincing evidence at the public hearing held by the local

23  government.

24         (e)1.  Except for a development order rendered pursuant

25  to subsection (22) or subsection (25), a proposed change to a

26  development order that individually or cumulatively with any

27  previous change is less than any numerical criterion contained

28  in subparagraphs (b)1.-14. (b)1.-15. and does not exceed any

29  other criterion, or that involves an extension of the buildout

30  date of a development, or any phase thereof, of less than 7 5

31  years is not subject to the public hearing requirements of

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 1  subparagraph (f)3., and is not subject to a determination

 2  pursuant to subparagraph (f)5. Notice of the proposed change

 3  shall be made to the regional planning council and the state

 4  land planning agency. Such notice shall include a description

 5  of previous individual changes made to the development,

 6  including changes previously approved by the local government,

 7  and shall include appropriate amendments to the development

 8  order.

 9         2.  The following changes, individually or cumulatively

10  with any previous changes, are not substantial deviations:

11         a.  Changes in the name of the project, developer,

12  owner, or monitoring official.

13         b.  Changes to a setback that do not affect noise

14  buffers, environmental protection or mitigation areas, or

15  archaeological or historical resources.

16         c.  Changes to minimum lot sizes.

17         d.  Changes in the configuration of internal roads that

18  do not affect external access points.

19         e.  Changes to the building design or orientation that

20  stay approximately within the approved area designated for

21  such building and parking lot, and which do not affect

22  historical buildings designated as significant by the Division

23  of Historical Resources of the Department of State.

24         f.  Changes to increase the acreage in the development,

25  provided that no development is proposed on the acreage to be

26  added.

27         g.  Changes to eliminate an approved land use, provided

28  that there are no additional regional impacts.

29         h.  Changes required to conform to permits approved by

30  any federal, state, or regional permitting agency, provided

31  that these changes do not create additional regional impacts.

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 1         i.  Any renovation or redevelopment of development

 2  within a previously approved development of regional impact

 3  which does not change land use or increase density or

 4  intensity of use.

 5         j.  Changes to internal utility locations.

 6         k.  Changes to the internal location of public

 7  facilities.

 8         l.j.  Any other change which the state land planning

 9  agency agrees in writing is similar in nature, impact, or

10  character to the changes enumerated in sub-subparagraphs a.-k.

11  a.-i. and which does not create the likelihood of any

12  additional regional impact.

13  

14  This subsection does not require a development order amendment

15  for any change listed in sub-subparagraphs a.-l. but shall

16  require notice to the state land planning agency, the regional

17  planning agency, and the local government.  In addition, a

18  memorandum of that notice shall be filed with the clerk of the

19  circuit court along with a legal description of the affected

20  development of regional impact.  If a subsequent change

21  requiring a substantial deviation determination is made to the

22  development of regional impact, modifications to the

23  development of regional impact made in all prior notices must

24  be reflected as amendments to the development memorandum.

25  a.-j. unless such issue is addressed either in the existing

26  development order or in the application for development

27  approval, but, in the case of the application, only if, and in

28  the manner in which, the application is incorporated in the

29  development order.

30         3.  Except for the change authorized by

31  sub-subparagraph 2.f., any addition of land not previously

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 1  reviewed or any change not specified in paragraph (b) or

 2  paragraph (c) shall be presumed to create a substantial

 3  deviation.  This presumption may be rebutted by clear and

 4  convincing evidence.

 5         4.  Any submittal of a proposed change to a previously

 6  approved development shall include a description of individual

 7  changes previously made to the development, including changes

 8  previously approved by the local government.  The local

 9  government shall consider the previous and current proposed

10  changes in deciding whether such changes cumulatively

11  constitute a substantial deviation requiring further

12  development-of-regional-impact review.

13         5.  The following changes to an approved development of

14  regional impact shall be presumed to create a substantial

15  deviation.  Such presumption may be rebutted by clear and

16  convincing evidence.

17         a.  A change proposed for 15 percent or more of the

18  acreage to a land use not previously approved in the

19  development order.  Changes of less than 15 percent shall be

20  presumed not to create a substantial deviation.

21         b.  Except for the types of uses listed in subparagraph

22  (b)14. (b)16., any change which would result in the

23  development of any area which was specifically set aside in

24  the application for development approval or in the development

25  order for preservation, buffers, or special protection,

26  including habitat for plant and animal species, archaeological

27  and historical sites, dunes, and other special areas.

28         c.  Notwithstanding any provision of paragraph (b) to

29  the contrary, a proposed change consisting of simultaneous

30  increases and decreases of at least two of the uses within an

31  authorized multiuse development of regional impact which was

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 1  originally approved with three or more uses specified in s.

 2  380.0651(3)(c), (d), (f), and (g) and residential use.

 3         (f)1.  The state land planning agency shall establish

 4  by rule standard forms for submittal of proposed changes to a

 5  previously approved development of regional impact which may

 6  require further development-of-regional-impact review.  At a

 7  minimum, the standard form shall require the developer to

 8  provide the precise language that the developer proposes to

 9  delete or add as an amendment to the development order.

10         2.  The developer shall submit, simultaneously, to the

11  local government, the regional planning agency, and the state

12  land planning agency the request for approval of a proposed

13  change.

14         3.  No sooner than 15 30 days but no later than 30 45

15  days after submittal by the developer to the local government,

16  the state land planning agency, and the appropriate regional

17  planning agency, the local government shall give 15 days'

18  notice and schedule a public hearing to consider the change

19  that the developer asserts does not create a substantial

20  deviation. This public hearing shall be held within 60 90 days

21  after submittal of the proposed changes, unless that time is

22  extended by the developer.

23         4.  The appropriate regional planning agency or the

24  state land planning agency shall review the proposed change

25  and, no later than 30 45 days after submittal by the developer

26  of the proposed change, unless that time is extended by the

27  developer, and prior to the public hearing at which the

28  proposed change is to be considered, shall advise the local

29  government in writing whether it objects to the proposed

30  change, shall specify the reasons for its objection, if any,

31  and shall provide a copy to the developer.

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 1         5.  At the public hearing, the local government shall

 2  determine whether the proposed change requires further

 3  development-of-regional-impact review. The provisions of

 4  paragraphs (a) and (e), the thresholds set forth in paragraph

 5  (b), and the presumptions set forth in paragraphs (c) and (d)

 6  and subparagraph (e)3. shall be applicable in determining

 7  whether further development-of-regional-impact review is

 8  required.

 9         6.  If the local government determines that the

10  proposed change does not require further

11  development-of-regional-impact review and is otherwise

12  approved, or if the proposed change is not subject to a

13  hearing and determination pursuant to subparagraphs 3. and 5.

14  and is otherwise approved, the local government shall issue an

15  amendment to the development order incorporating the approved

16  change and conditions of approval relating to the change. The

17  decision of the local government to approve, with or without

18  conditions, or to deny the proposed change that the developer

19  asserts does not require further review shall be subject to

20  the appeal provisions of s. 380.07. However, the state land

21  planning agency may not appeal the local government decision

22  if it did not comply with subparagraph 4.  The state land

23  planning agency may not appeal a change to a development order

24  made pursuant to subparagraph (e)1. or subparagraph (e)2. for

25  developments of regional impact approved after January 1,

26  1980, unless the change would result in a significant impact

27  to a regionally significant archaeological, historical, or

28  natural resource not previously identified in the original

29  development-of-regional-impact review.

30         (g)  If a proposed change requires further

31  development-of-regional-impact review pursuant to this

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 1  section, the review shall be conducted subject to the

 2  following additional conditions:

 3         1.  The development-of-regional-impact review conducted

 4  by the appropriate regional planning agency shall address only

 5  those issues raised by the proposed change except as provided

 6  in subparagraph 2.

 7         2.  The regional planning agency shall consider, and

 8  the local government shall determine whether to approve,

 9  approve with conditions, or deny the proposed change as it

10  relates to the entire development.  If the local government

11  determines that the proposed change, as it relates to the

12  entire development, is unacceptable, the local government

13  shall deny the change.

14         3.  If the local government determines that the

15  proposed change, as it relates to the entire development,

16  should be approved, any new conditions in the amendment to the

17  development order issued by the local government shall address

18  only those issues raised by the proposed change and require

19  mitigation only for the impacts of the proposed charge.

20         4.  Development within the previously approved

21  development of regional impact may continue, as approved,

22  during the development-of-regional-impact review in those

23  portions of the development which are not directly affected by

24  the proposed change.

25         (h)  When further development-of-regional-impact review

26  is required because a substantial deviation has been

27  determined or admitted by the developer, the amendment to the

28  development order issued by the local government shall be

29  consistent with the requirements of subsection (15) and shall

30  be subject to the hearing and appeal provisions of s. 380.07.

31  The state land planning agency or the appropriate regional

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 1  planning agency need not participate at the local hearing in

 2  order to appeal a local government development order issued

 3  pursuant to this paragraph.

 4         (24)  STATUTORY EXEMPTIONS.--

 5         (a)  Any proposed hospital which has a designed

 6  capacity of not more than 100 beds is exempt from the

 7  provisions of this section.

 8         (b)  Any proposed electrical transmission line or

 9  electrical power plant is exempt from the provisions of this

10  section, except any steam or solar electrical generating

11  facility of less than 50 megawatts in capacity attached to a

12  development of regional impact.

13         (c)  Any proposed addition to an existing sports

14  facility complex is exempt from the provisions of this section

15  if the addition meets the following characteristics:

16         1.  It would not operate concurrently with the

17  scheduled hours of operation of the existing facility.

18         2.  Its seating capacity would be no more than 75

19  percent of the capacity of the existing facility.

20         3.  The sports facility complex property is owned by a

21  public body prior to July 1, 1983.

22  

23  This exemption does not apply to any pari-mutuel facility.

24         (d)  Any proposed addition or cumulative additions

25  subsequent to July 1, 1988, to an existing sports facility

26  complex owned by a state university is exempt if the increased

27  seating capacity of the complex is no more than 30 percent of

28  the capacity of the existing facility.

29         (e)  Any addition of permanent seats or parking spaces

30  for an existing sports facility located on property owned by a

31  public body prior to July 1, 1973, is exempt from the

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 1  provisions of this section if future additions do not expand

 2  existing permanent seating or parking capacity more than 15

 3  percent annually in excess of the prior year's capacity.

 4         (f)  Any increase in the seating capacity of an

 5  existing sports facility having a permanent seating capacity

 6  of at least 50,000 spectators is exempt from the provisions of

 7  this section, provided that such an increase does not increase

 8  permanent seating capacity by more than 5 percent per year and

 9  not to exceed a total of 10 percent in any 5-year period, and

10  provided that the sports facility notifies the appropriate

11  local government within which the facility is located of the

12  increase at least 6 months prior to the initial use of the

13  increased seating, in order to permit the appropriate local

14  government to develop a traffic management plan for the

15  traffic generated by the increase.  Any traffic management

16  plan shall be consistent with the local comprehensive plan,

17  the regional policy plan, and the state comprehensive plan.

18         (g)  Any expansion in the permanent seating capacity or

19  additional improved parking facilities of an existing sports

20  facility is exempt from the provisions of this section, if the

21  following conditions exist:

22         1.a.  The sports facility had a permanent seating

23  capacity on January 1, 1991, of at least 41,000 spectator

24  seats;

25         b.  The sum of such expansions in permanent seating

26  capacity does not exceed a total of 10 percent in any 5-year

27  period and does not exceed a cumulative total of 20 percent

28  for any such expansions; or

29         c.  The increase in additional improved parking

30  facilities is a one-time addition and does not exceed 3,500

31  parking spaces serving the sports facility; and

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 1         2.  The local government having jurisdiction of the

 2  sports facility includes in the development order or

 3  development permit approving such expansion under this

 4  paragraph a finding of fact that the proposed expansion is

 5  consistent with the transportation, water, sewer and

 6  stormwater drainage provisions of the approved local

 7  comprehensive plan and local land development regulations

 8  relating to those provisions.

 9  

10  Any owner or developer who intends to rely on this statutory

11  exemption shall provide to the department a copy of the local

12  government application for a development permit.  Within 45

13  days of receipt of the application, the department shall

14  render to the local government an advisory and nonbinding

15  opinion, in writing, stating whether, in the department's

16  opinion, the prescribed conditions exist for an exemption

17  under this paragraph.  The local government shall render the

18  development order approving each such expansion to the

19  department.  The owner, developer, or department may appeal

20  the local government development order pursuant to s. 380.07,

21  within 45 days after the order is rendered.  The scope of

22  review shall be limited to the determination of whether the

23  conditions prescribed in this paragraph exist.  If any sports

24  facility expansion undergoes development of regional impact

25  review, all previous expansions which were exempt under this

26  paragraph shall be included in the development of regional

27  impact review.

28         (h)  Expansion to port harbors, spoil disposal sites,

29  navigation channels, turning basins, harbor berths, and other

30  related inwater harbor facilities of ports listed in s.

31  403.021(9)(b), port transportation facilities and projects

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 1  listed in s. 311.07(3)(b), and intermodal transportation

 2  facilities identified pursuant to s. 311.09(3) are exempt from

 3  the provisions of this section when such expansions, projects,

 4  or facilities are consistent with comprehensive master plans

 5  that are in compliance with the provisions of s. 163.3178.

 6         (i)  Any proposed facility for the storage of any

 7  petroleum product or any expansion of an existing facility is

 8  exempt from the provisions of this section, if the facility is

 9  consistent with a local comprehensive plan that is in

10  compliance with s. 163.3177 or is consistent with a

11  comprehensive port master plan that is in compliance with s.

12  163.3178.

13         (j)  Any renovation or redevelopment within the same

14  land parcel which does not change land use or increase density

15  or intensity of use.

16         (k)1.  Any waterport or marina development is exempt

17  from the provisions of this section if the relevant county or

18  municipality has adopted a boating facility siting plan or

19  policy, which includes applicable criteria, considering such

20  factors as natural resources, manatee protection needs, and

21  recreation and economic demands as generally outlined in the

22  Bureau of Protected Species Management Boat Facility Siting

23  Guide, dated August 2000, into the coastal management or land

24  use element of its comprehensive plan. The adoption of boating

25  facility siting plans or policies into the comprehensive plan

26  is exempt from the provisions of s. 163.3187(1). Any waterport

27  or marina development within the municipalities or counties

28  with boating facility siting plans or policies that meet the

29  above criteria, adopted prior to April 1, 2006 2002, are

30  exempt from the provisions of this section, when their boating

31  

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 1  facility siting plan or policy is adopted as part of the

 2  relevant local government's comprehensive plan.

 3         2.  Within 6 months of the effective date of this law,

 4  the Department of Community Affairs, in conjunction with the

 5  Department of Environmental Protection and the Florida Fish

 6  and Wildlife Conservation Commission, shall provide technical

 7  assistance and guidelines, including model plans, policies and

 8  criteria to local governments for the development of their

 9  siting plans.

10         (l)  Any proposed development within an urban service

11  boundary established under s. 163.3177(14) is exempt from the

12  provisions of this section if the local government having

13  jurisdiction over the area where the development is proposed

14  has adopted the urban service boundary and has entered into a

15  binding agreement with contiguous adjacent jurisdictions and

16  the Department of Transportation regarding the mitigation of

17  impacts on state and regional transportation facilities, and

18  has adopted a proportionate share methodology pursuant to s.

19  163.3180(16). If the binding agreement is not entered into

20  within 12 months after the establishment of the urban service

21  boundary, the Department of Transportation shall adopt within

22  90 days a reasonable impact-mitigation plan that is applicable

23  in lieu of the binding agreement.

24         (m)  Any proposed development within a rural land

25  stewardship area created under s. 163.3177(11)(d) is exempt

26  from the provisions of this section if the local government

27  that has adopted the rural land stewardship area has entered

28  into a binding agreement with jurisdictions that would be

29  impacted and the Department of Transportation regarding the

30  mitigation of impacts on state and regional transportation

31  

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 1  facilities, and has adopted a proportionate share methodology

 2  pursuant to s. 163.3180(16).

 3         (n)  Any proposed development or redevelopment within

 4  an area designated as an urban infill and redevelopment area

 5  under s. 163.2517 is exempt from the provisions of this

 6  section if the local government has entered into a binding

 7  agreement with jurisdictions that would be impacted and the

 8  Department of Transportation regarding the mitigation of

 9  impacts on state and regional transportation facilities, and

10  has adopted a proportionate share methodology pursuant to s.

11  163.3180(16).

12         (o)  The establishment, relocation, or expansion of any

13  military installation as defined in s. 163.3175, is exempt

14  from this section.

15         (p)  Any self-storage warehousing that does not allow

16  retail or other services is exempt from the provisions of this

17  section.

18         (q)  Any proposed nursing home or assisted living

19  facility is exempt from the provisions of this section.

20         (r)  Any development identified in an airport master

21  plan and adopted into the comprehensive plan pursuant to s.

22  163.3178(6)(k) is exempt from the provisions of this section.

23         (s)  Any development identified in a campus master plan

24  and adopted pursuant to s. 1013.30 is exempt from the

25  provisions of this section.

26         (t)  Any development in a specific area plan which is

27  prepared pursuant to s. 163.3245 and adopted into the

28  comprehensive plan is exempt from the provisions of this

29  section.

30         (u)  Any development in an area granted an exception

31  from the concurrency requirements for transportation

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 1  facilities which has met the requirements of s.

 2  163.3180(5)(b)-(g), including the requirement for

 3  proportionate fair-share mitigation for transportation

 4  facilities, and which has been adopted into the comprehensive

 5  plan is exempt from the provisions of this section.

 6  

 7  If a use is exempt from review as a development of regional

 8  impact under subparagraphs (a)-(u) but will be part of a

 9  larger project that is subject to review as a development of

10  regional impact, the impact of the exempt use must be included

11  in the review of the larger project.

12         Section 2.  Subsections (3) and (4) of section

13  380.0651, Florida Statutes, are amended to read:

14         380.0651  Statewide guidelines and standards.--

15         (3)  The following statewide guidelines and standards

16  shall be applied in the manner described in s. 380.06(2) to

17  determine whether the following developments shall be required

18  to undergo development-of-regional-impact review:

19         (a)  Airports.--

20         1.  Any of the following airport construction projects

21  shall be a development of regional impact unless exempt under

22  s. 380.06(24):

23         a.  A new commercial service or general aviation

24  airport with paved runways.

25         b.  A new commercial service or general aviation paved

26  runway.

27         c.  A new passenger terminal facility.

28         2.  Lengthening of an existing runway by 25 percent or

29  an increase in the number of gates by 25 percent or three

30  gates, whichever is greater, on a commercial service airport

31  or a general aviation airport with regularly scheduled flights

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 1  is a development of regional impact.  However, expansion of

 2  existing terminal facilities at a nonhub or small hub

 3  commercial service airport shall not be a development of

 4  regional impact.

 5         3.  Any airport development project which is proposed

 6  for safety, repair, or maintenance reasons alone and would not

 7  have the potential to increase or change existing types of

 8  aircraft activity is not a development of regional impact.

 9  Notwithstanding subparagraphs 1. and 2., renovation,

10  modernization, or replacement of airport airside or terminal

11  facilities that may include increases in square footage of

12  such facilities but does not increase the number of gates or

13  change the existing types of aircraft activity is not a

14  development of regional impact.

15         (b)  Attractions and recreation facilities.--Any

16  sports, entertainment, amusement, or recreation facility,

17  including, but not limited to, a sports arena, stadium,

18  racetrack, tourist attraction, amusement park, or pari-mutuel

19  facility, the construction or expansion of which:

20         1.  For single performance facilities:

21         a.  Provides parking spaces for more than 2,500 cars;

22  or

23         b.  Provides more than 10,000 permanent seats for

24  spectators.

25         2.  For serial performance facilities:

26         a.  Provides parking spaces for more than 1,000 cars;

27  or

28         b.  Provides more than 4,000 permanent seats for

29  spectators.

30  

31  

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 1  For purposes of this subsection, "serial performance

 2  facilities" means those using their parking areas or permanent

 3  seating more than one time per day on a regular or continuous

 4  basis.

 5         3.  For multiscreen movie theaters of at least 8

 6  screens and 2,500 seats:

 7         a.  Provides parking spaces for more than 1,500 cars;

 8  or

 9         b.  Provides more than 6,000 permanent seats for

10  spectators.

11         (b)(c)  Industrial plants, industrial parks, and

12  distribution, warehousing or wholesaling facilities.--Any

13  proposed industrial, manufacturing, or processing plant, or

14  distribution, warehousing, or wholesaling facility, excluding

15  wholesaling developments which deal primarily with the general

16  public onsite, under common ownership, or any proposed

17  industrial, manufacturing, or processing activity or

18  distribution, warehousing, or wholesaling activity, excluding

19  wholesaling activities which deal primarily with the general

20  public onsite, which:

21         1.  Provides parking for more than 2,500 motor

22  vehicles; or

23         2.  Occupies a site greater than 320 acres.

24         (c)(d)  Office development.--Any proposed office

25  building or park operated under common ownership, development

26  plan, or management that:

27         1.  Encompasses 300,000 or more square feet of gross

28  floor area; or

29         2.  Encompasses more than 600,000 square feet of gross

30  floor area in a county with a population greater than 500,000

31  and only in a geographic area specifically designated as

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 1  highly suitable for increased threshold intensity in the

 2  approved local comprehensive plan and in the strategic

 3  regional policy plan.

 4         (d)(e)  Marinas Port facilities.--The proposed

 5  construction of any waterport or marina is required to undergo

 6  development-of-regional-impact review if it is, except one

 7  designed for:

 8         1.a.  The wet storage or mooring of more fewer than 150

 9  watercraft used exclusively for sport, pleasure, or commercial

10  fishing;, or

11         b.  The dry storage of fewer than 200 watercraft used

12  exclusively for sport, pleasure, or commercial fishing, or

13         b.c.  The wet or dry storage or mooring of more fewer

14  than 150 watercraft on or adjacent to an inland freshwater

15  lake except Lake Okeechobee or any lake that which has been

16  designated an Outstanding Florida Water., or

17         d.  The wet or dry storage or mooring of fewer than 50

18  watercraft of 40 feet in length or less of any type or

19  purpose.

20         2.  The subthreshold exceptions to this paragraph's

21  requirements for development-of-regional-impact review do

22  shall not apply to any waterport or marina facility located

23  within or which serves physical development located within a

24  coastal barrier resource unit on an unbridged barrier island

25  designated pursuant to 16 U.S.C. s. 3501.

26  

27  In addition to the foregoing, for projects for which no

28  environmental resource permit or sovereign submerged land

29  lease is required, the Department of Environmental Protection

30  must determine in writing that a proposed marina in excess of

31  75 10 slips or storage spaces or a combination of the two is

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 1  located so that it will not adversely impact Outstanding

 2  Florida Waters or Class II waters and will not contribute boat

 3  traffic in a manner that will have an adverse impact on an

 4  area known to be, or likely to be, frequented by manatees. If

 5  the Department of Environmental Protection fails to issue its

 6  determination within 45 days after of receipt of a formal

 7  written request, it has waived its authority to make such

 8  determination. The Department of Environmental Protection

 9  determination shall constitute final agency action pursuant to

10  chapter 120.

11         2.  The dry storage of fewer than 300 watercraft used

12  exclusively for sport, pleasure, or commercial fishing at a

13  marina constructed and in operation prior to July 1, 1985.

14         3.  Any proposed marina development with both wet and

15  dry mooring or storage used exclusively for sport, pleasure,

16  or commercial fishing, where the sum of percentages of the

17  applicable wet and dry mooring or storage thresholds equals

18  100 percent. This threshold is in addition to, and does not

19  preclude, a development from being required to undergo

20  development-of-regional-impact review under sub-subparagraphs

21  1.a. and b. and subparagraph 2.

22         (e)(f)  Retail and service development.--Any proposed

23  retail, service, or wholesale business establishment or group

24  of establishments which deals primarily with the general

25  public onsite, operated under one common property ownership,

26  development plan, or management that:

27         1.  Encompasses more than 400,000 square feet of gross

28  area; or

29         2.  Provides parking spaces for more than 2,500 cars.

30         (f)(g)  Hotel or motel development.--

31  

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 1         1.  Any proposed hotel or motel development that is

 2  planned to create or accommodate 350 or more units; or

 3         2.  Any proposed hotel or motel development that is

 4  planned to create or accommodate 750 or more units, in a

 5  county with a population greater than 500,000, and only in a

 6  geographic area specifically designated as highly suitable for

 7  increased threshold intensity in the approved local

 8  comprehensive plan and in the strategic regional policy plan.

 9         (g)(h)  Recreational vehicle development.--Any proposed

10  recreational vehicle development planned to create or

11  accommodate 500 or more spaces.

12         (h)(i)  Multiuse development.--Any proposed development

13  with two or more land uses where the sum of the percentages of

14  the appropriate thresholds identified in chapter 28-24,

15  Florida Administrative Code, or this section for each land use

16  in the development is equal to or greater than 145 percent.

17  Any proposed development with three or more land uses, one of

18  which is residential and contains at least 100 dwelling units

19  or 15 percent of the applicable residential threshold,

20  whichever is greater, where the sum of the percentages of the

21  appropriate thresholds identified in chapter 28-24, Florida

22  Administrative Code, or this section for each land use in the

23  development is equal to or greater than 160 percent.  This

24  threshold is in addition to, and does not preclude, a

25  development from being required to undergo

26  development-of-regional-impact review under any other

27  threshold.

28         (i)(j)  Residential development.--No rule may be

29  adopted concerning residential developments which treats a

30  residential development in one county as being located in a

31  less populated adjacent county unless more than 25 percent of

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 1  the development is located within 2 or less miles of the less

 2  populated adjacent county.

 3         (k)  Schools.--

 4         1.  The proposed construction of any public, private,

 5  or proprietary postsecondary educational campus which provides

 6  for a design population of more than 5,000 full-time

 7  equivalent students, or the proposed physical expansion of any

 8  public, private, or proprietary postsecondary educational

 9  campus having such a design population that would increase the

10  population by at least 20 percent of the design population.

11         2.  As used in this paragraph, "full-time equivalent

12  student" means enrollment for 15 or more quarter hours during

13  a single academic semester. In career centers or other

14  institutions which do not employ semester hours or quarter

15  hours in accounting for student participation, enrollment for

16  18 contact hours shall be considered equivalent to one quarter

17  hour, and enrollment for 27 contact hours shall be considered

18  equivalent to one semester hour.

19         3.  This paragraph does not apply to institutions which

20  are the subject of a campus master plan adopted by the

21  university board of trustees pursuant to s. 1013.30.

22         (4)  Two or more developments, represented by their

23  owners or developers to be separate developments, shall be

24  aggregated and treated as a single development under this

25  chapter when they are determined to be part of a unified plan

26  of development and are physically proximate to one other.

27         (a)  The criteria of two of the following subparagraphs

28  must be met in order for the state land planning agency to

29  determine that there is a unified plan of development:

30         1.a.  The same person has retained or shared control of

31  the developments;

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 1         b.  The same person has ownership or a significant

 2  legal or equitable interest in the developments; or

 3         c.  There is common management of the developments

 4  controlling the form of physical development or disposition of

 5  parcels of the development.

 6         2.  There is a reasonable closeness in time between the

 7  completion of 80 percent or less of one development and the

 8  submission to a governmental agency of a master plan or series

 9  of plans or drawings for the other development which is

10  indicative of a common development effort.

11         3.  A master plan or series of plans or drawings exists

12  covering the developments sought to be aggregated which have

13  been submitted to a local general-purpose government, water

14  management district, the Florida Department of Environmental

15  Protection, or the Division of Florida Land Sales,

16  Condominiums, and Mobile Homes for authorization to commence

17  development. The existence or implementation of a utility's

18  master utility plan required by the Public Service Commission

19  or general-purpose local government or a master drainage plan

20  shall not be the sole determinant of the existence of a master

21  plan.

22         4.  The voluntary sharing of infrastructure that is

23  indicative of a common development effort or is designated

24  specifically to accommodate the developments sought to be

25  aggregated, except that which was implemented because it was

26  required by a local general-purpose government; water

27  management district; the Department of Environmental

28  Protection; the Division of Florida Land Sales, Condominiums,

29  and Mobile Homes; or the Public Service Commission.

30         5.  There is a common advertising scheme or promotional

31  plan in effect for the developments sought to be aggregated.

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 1         (b)  The following activities or circumstances shall

 2  not be considered in determining whether to aggregate two or

 3  more developments:

 4         1.  Activities undertaken leading to the adoption or

 5  amendment of any comprehensive plan element described in part

 6  II of chapter 163.

 7         2.  The sale of unimproved parcels of land, where the

 8  seller does not retain significant control of the future

 9  development of the parcels.

10         3.  The fact that the same lender has a financial

11  interest, including one acquired through foreclosure, in two

12  or more parcels, so long as the lender is not an active

13  participant in the planning, management, or development of the

14  parcels in which it has an interest.

15         4.  Drainage improvements that are not designed to

16  accommodate the types of development listed in the guidelines

17  and standards contained in or adopted pursuant to this chapter

18  or which are not designed specifically to accommodate the

19  developments sought to be aggregated.

20         (c)  Aggregation is not applicable when the following

21  circumstances and provisions of this chapter are applicable:

22         1.  Developments that which are otherwise subject to

23  aggregation with a development of regional impact that which

24  has received approval through the issuance of a final

25  development order may shall not be aggregated with the

26  approved development of regional impact.  However, nothing

27  contained in this subparagraph does not shall preclude the

28  state land planning agency from evaluating an allegedly

29  separate development as a substantial deviation pursuant to s.

30  380.06(19) or as an independent development of regional impact

31  

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 1  and, if so, the impacts of the independent developments of

 2  regional impact may not be considered cumulatively.

 3         2.  Two or more developments, each of which is

 4  independently a development of regional impact that has or

 5  will obtain a development order pursuant to s. 380.06.

 6         3.  Completion of any development that has been vested

 7  pursuant to s. 380.05 or s. 380.06, including vested rights

 8  arising out of agreements entered into with the state land

 9  planning agency for purposes of resolving vested rights

10  issues. Development-of-regional-impact review of additions to

11  vested developments of regional impact shall not include

12  review of the impacts resulting from the vested portions of

13  the development.

14         4.  The developments sought to be aggregated were

15  authorized to commence development prior to September 1, 1988,

16  and could not have been required to be aggregated under the

17  law existing prior to that date.

18         (d)  The provisions of this subsection shall be applied

19  prospectively from September 1, 1988.  Written decisions,

20  agreements, and binding letters of interpretation made or

21  issued by the state land planning agency prior to July 1,

22  1988, shall not be affected by this subsection.

23         (e)  In order to encourage developers to design,

24  finance, donate, or build infrastructure, public facilities,

25  or services, the state land planning agency may enter into

26  binding agreements with two or more developers providing that

27  the joint planning, sharing, or use of specified public

28  infrastructure, facilities, or services by the developers

29  shall not be considered in any subsequent determination of

30  whether a unified plan of development exists for their

31  developments.  Such binding agreements may authorize the

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 1  developers to pool impact fees or impact-fee credits, or to

 2  enter into front-end agreements, or other financing

 3  arrangements by which they collectively agree to design,

 4  finance, donate, or build such public infrastructure,

 5  facilities, or services. Such agreements shall be conditioned

 6  upon a subsequent determination by the appropriate local

 7  government of consistency with the approved local government

 8  comprehensive plan and land development regulations.

 9  Additionally, the developers must demonstrate that the

10  provision and sharing of public infrastructure, facilities, or

11  services is in the public interest and not merely for the

12  benefit of the developments which are the subject of the

13  agreement. Developments that are the subject of an agreement

14  pursuant to this paragraph shall be aggregated if the state

15  land planning agency determines that sufficient aggregation

16  factors are present to require aggregation without considering

17  the design features, financial arrangements, donations, or

18  construction that are specified in and required by the

19  agreement.

20         (f)  The state land planning agency has authority to

21  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

22  the provisions of this subsection.

23         Section 3.  Subsection (7) is added to section 380.07,

24  Florida Statutes, to read:

25         380.07  Florida Land and Water Adjudicatory

26  Commission.--

27         (7)  Notwithstanding any other provision of law, s.

28  163.3215 is the sole mechanism for challenging the consistency

29  of a development order issued under this chapter with the

30  local government comprehensive plan.  The Department of

31  Community Affairs has standing to initiate an action under s.

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 1  163.3215 to determine the consistency of a

 2  development-of-regional-impact development order with the

 3  local government comprehensive plan and for no other purpose.

 4         Section 4.  Section 380.115, Florida Statutes, is

 5  amended to read:

 6         380.115  Vested rights and duties; effect of size

 7  reduction, changes in guidelines and standards chs. 2002-20

 8  and 2002-296.--

 9         (1)  A change in a development-of-regional-impact

10  guideline and standard does not abridge Nothing contained in

11  this act abridges or modify modifies any vested or other right

12  or any duty or obligation pursuant to any development order or

13  agreement that is applicable to a development of regional

14  impact on the effective date of this act. A development that

15  has received a development-of-regional-impact development

16  order pursuant to s. 380.06, but is no longer required to

17  undergo development-of-regional-impact review by operation of

18  a change in the guidelines and standards or has reduced its

19  size below the thresholds in s. 380.0651 of this act, shall be

20  governed by the following procedures:

21         (a)  The development shall continue to be governed by

22  the development-of-regional-impact development order and may

23  be completed in reliance upon and pursuant to the development

24  order unless the developer or landowner has followed the

25  procedures for rescission in paragraph (b). The

26  development-of-regional-impact development order may be

27  enforced by the local government as provided by ss. 380.06(17)

28  and 380.11.

29         (b)  If requested by the developer or landowner, the

30  development-of-regional-impact development order shall may be

31  rescinded by the local government having jurisdiction upon a

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 1  showing that all required mitigation related to the amount of

 2  development that existed on the date of rescission has been

 3  completed abandoned pursuant to the process in s. 380.06(26).

 4         (2)  A development with an application for development

 5  approval pending, and determined sufficient pursuant to s.

 6  380.06 s. 380.06(10), on the effective date of a change to the

 7  guidelines and standards this act, or a notification of

 8  proposed change pending on the effective date of a change to

 9  the guidelines and standards this act, may elect to continue

10  such review pursuant to s. 380.06. At the conclusion of the

11  pending review, including any appeals pursuant to s. 380.07,

12  the resulting development order shall be governed by the

13  provisions of subsection (1).

14         (3)  A landowner that has filed an application for a

15  development-of-regional-impact review prior to the adoption of

16  an optional sector plan pursuant to s. 163.3245 may elect to

17  have the application reviewed pursuant to s. 380.06,

18  comprehensive plan provisions in force prior to adoption of

19  the sector plan, and any requested comprehensive plan

20  amendments that accompany the application.

21         Section 5.  Subsection (12) of section 163.3180,

22  Florida Statutes, is amended to read:

23         163.3180  Concurrency.--

24         (12)  When authorized by a local comprehensive plan, a

25  multiuse development of regional impact may satisfy the

26  transportation concurrency requirements of the local

27  comprehensive plan, the local government's concurrency

28  management system, and s. 380.06 by payment of a

29  proportionate-share contribution for local and regionally

30  significant traffic impacts, if:

31  

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 1         (a)  The development of regional impact meets or

 2  exceeds the guidelines and standards of s. 380.0651(3)(h) s.

 3  380.0651(3)(i) and rule 28-24.032(2), Florida Administrative

 4  Code, and includes a residential component that contains at

 5  least 100 residential dwelling units or 15 percent of the

 6  applicable residential guideline and standard, whichever is

 7  greater;

 8         (b)  The development of regional impact contains an

 9  integrated mix of land uses and is designed to encourage

10  pedestrian or other nonautomotive modes of transportation;

11         (c)  The proportionate-share contribution for local and

12  regionally significant traffic impacts is sufficient to pay

13  for one or more required improvements that will benefit a

14  regionally significant transportation facility;

15         (d)  The owner and developer of the development of

16  regional impact pays or assures payment of the

17  proportionate-share contribution; and

18         (e)  If the regionally significant transportation

19  facility to be constructed or improved is under the

20  maintenance authority of a governmental entity, as defined by

21  s. 334.03(12), other than the local government with

22  jurisdiction over the development of regional impact, the

23  developer is required to enter into a binding and legally

24  enforceable commitment to transfer funds to the governmental

25  entity having maintenance authority or to otherwise assure

26  construction or improvement of the facility.

27  

28  The proportionate-share contribution may be applied to any

29  transportation facility to satisfy the provisions of this

30  subsection and the local comprehensive plan, but, for the

31  purposes of this subsection, the amount of the

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 1  proportionate-share contribution shall be calculated based

 2  upon the cumulative number of trips from the proposed

 3  development expected to reach roadways during the peak hour

 4  from the complete buildout of a stage or phase being approved,

 5  divided by the change in the peak hour maximum service volume

 6  of roadways resulting from construction of an improvement

 7  necessary to maintain the adopted level of service, multiplied

 8  by the construction cost, at the time of developer payment, of

 9  the improvement necessary to maintain the adopted level of

10  service. For purposes of this subsection, "construction cost"

11  includes all associated costs of the improvement.

12         Section 6.  Subsection (21) of section 331.303, Florida

13  Statutes, is amended to read:

14         331.303  Definitions.--

15         (21)  "Spaceport launch facilities" shall be defined as

16  industrial facilities in accordance with s. 380.0651(3)(b) s.

17  380.0651(3)(c) and include any launch pad, launch control

18  center, and fixed launch-support equipment.

19         Section 7.  This act shall take effect July 1, 2006.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the state land planning agency to initiate
      rulemaking to revise the development-of-regional-impact
 4    review process. Requires a local government to issue
      development orders concurrently with comprehensive plan
 5    amendments. Specifies requirements for development
      orders. Provides that a local government may not issue
 6    permits for development subsequent to the buildout date.
      Revises exceptions. Revises the definition of an
 7    "essentially built-out" development. Provides that a
      development order may not be suspended for failure to
 8    submit a biennial report under certain circumstances.
      Revises the criteria for creating a substantial
 9    deviation. Requires that notice be given to the state
      land planning agency, regional planning agency, local
10    government, and the clerk of court. Revises the time for
      notice and a public hearing. Revises the requirement for
11    further development-of-regional-impact review. Revises
      the statutory exemptions for the development of certain
12    facilities. Requires that impacts from a use that will be
      part of a larger project be included in the
13    development-of-regional-impact review. Removes the
      guidelines for development-of-regional-impact review of
14    the construction of certain attractions and recreation
      facilities and of certain schools. Revises the guidelines
15    for development-of-regional-impact review of the
      construction of certain marinas. Requires that a state
16    land planning agency not consider an impact of an
      independent development of regional impact cumulatively.
17    Requires that the Department of Community Affairs have
      standing to initiate an action to determine the
18    consistency of a development order with a comprehensive
      plan. Provides that a change in a
19    development-of-regional-impact guideline does not modify
      any vested right or duty under a development order.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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